Stages Of Civil Suit as per Civil Procedure Code, 1908 are as under:
- Presentation of plaint.
- Service of summons on defendant.
- Appearance of parties
- Ex-parte Decree
- Interlocutory Proceedings
- Filing of written statement by defendant
- Production of documents by parties (plaintiff and defendant)
- Examination of parties
- Discovery and Inspection
- Admission
- Framing of issues by the court.
- Summoning And Attendance Of Witnesses
- Hearing Of Suits And Examination Of Witnesses
- Argument
- Judgment
- Preparation of Decree
- Appeal, Review, Revision
- Execution of Decree
The detailed discussion of all the stages are given below
1.Plaint (Order 7) :- The entire legal machinery under the Civil
Law is set in motion by filing of plaint and hence plaint is the
actual starting point of all pleadings in a case.
The plaint shall contain the following particulars
(i) Name of the court in which suit is to be filed.
(ii) Name, description and place of residence of the plaintiff.
(iii) Name, description and place of residence of the defendant
so far it can be ascertained.
(iv) Where the plaintiff or defendant is a minor or person of
unsound mind
statement to that effect.
(v) Facts constituting the cause of action and when it arose.
(vi) Fact showing that the court has jurisdiction.
(vii) Relief which the plaintiff claims.
(viii) Where plaintiff has allowed a set off or relinquishes a
portion of his claim, the amount so allowed for relinquishment.
(ix) Statement of the value of the subject matter of the suit for
purpose of jurisdiction and court fees.
If after submitting the plaint the court finds that it should be
submitted before some other court the plaint could be returned,
and intimation thereof can be given to the plaintiff.
The court has power to reject the plaint on following grounds:
1.Where it does not disclose the cause of action
2.Where the relief claimed is under valued and plaintiff fails to
correct the valuation within the time fixed. - If the relief is properly valued but insufficient court fee stamp
is paid and the plaintiff fails to make good such amount. - Where the suit appears to be time barred, from the
statements in the plaint. - When the plaint does not disclose any cause of action.
In ROOPLAL SATHI V/s. SINGH 1982 3SCC 487 it was held
that the whole plaint should be rejected and not a portion of it.
However the rejection of plaint on aforesaid grounds does not
bar the plaintiff from presenting a fresh plaint. (ORDER 7 RULE
13 OF CPC) - Service of Summons :- Summons is an instrument used by
the court to commence a civil action or proceedings and is a
means to acquire jurisdiction over party. It is a process directed
to a proper officer requiring him to notify the person named,
that an action has been commenced against him, in the court
from where process is issued and that he is required to appear,
on a day named and answer the claim in such action.When the
suit is duly instituted summons may be issued to defendant to
appear and answer the claim.
Defendant to whom a summons has been issued may appear
in person or by a pleader duly instructed or by a pleader
accompanied by some person who is able to answer all
questions.
To expedite the filing of reply and adjudication of claim, the
court may direct filing of written statement on date of
appearance and issue suitable summons for that purpose.
Failure to do so may result in Ex-parte judgment under order 8,
rule 10.
The provisions of substituted service have to be resorted when
the summons is not served by normal process through the
court bailiff. Where the court is satisfied that there is reason to
believe that the defendant is keeping out of the way for purpose
of avoiding service or that for any others reason the summons
can not be served in ordinary way the court shall order
summons to be served by affixing copy thereof in conspicuous
part of the house. (ORDER 5, RULE 20 OF CIVIL
PROCEDURE CODE.)
To expedite service of summons one more provision is relating
to substituted service under which the court orders service by
an advertisement in a newspaper, the newspaper shall be a
daily newspaper circulating in the locality in which the defendant last resided or carried on business or personally
worked for gain (ORDER 20 RULE – 1A) - Appearance of parties :- On the day fixed in the summons
the defendant is required to appear and answer and the parties
shall attend the court unless the hearing is adjourned to a
future day fixed by the court, if the defendant is absent court
may proceed exparte. Where on the day so fixed it is found that
summons has not been served upon defendant is consequence
of failure of plaintiff to pay the court fee or postal charges the
court may dismiss the suit. Where neither the plaintiff nor the
defendant appears the court may dismiss the suit. Such
dismissal does not bar fresh suit in respect of same cause of
action. - Ex-parteDecree :- A decree against the Defendant without
hearing him or in his absence or in absence of his defense can
be passed under the following circumstances
1.Where any party from whom a written statement is required
fails to present the same within the time permitted or fixed by
the court, as the case may be the court shall pronounce
judgment against him, or make such order in relation to the suit
as it thinks fit and on pronouncement of such judgment a
decree shall be drawn up.(ORDER 8, RULE 10 CIVIL
PROCEDURE CODE.) - Where defendant has not filed a pleading, it shall be lawful
for the court to pronounce judgment on the basis of facts
contained in the plaint, except against person with
disability.(ORDER 8, RULE 5(2), CIVIL PROCEDURE CODE.) - Where the plaintiff appears and defendant does not appear
when suit is called up for hearing and summons is property
served the court may make an order that suit will be heard exparte (ORDER 9, RULE 6(1 )(a) OF CIVIL PROCEDURE
CODE)
If an exparte decree is passed and the defendant satisfies that
he was prevented by sufficient cause then he has the following
remedies open - Prefer appeal against decree.
- Apply for Review.
- Apply for setting aside the Exparte Decree.
In UCO BANK V/S. IYENGER CONSULTANCY SERVICES,
1994 (SCC) 399 (SUPPLE.) it was observed that the words
“Sufficient Cause” has not been defined and it will depend on
facts and circumstances of each case.“ - Interlocutory Proceedings :- The period involved between
initiation and disposal of litigation is substantially long. The
intervention of the court may sometimes be required to
maintain the position as it prevailed on the date of litigation. In
legal parlance it is known as “status quo”. It means preserving
existing state of things on a given day.
In that context interlocutory orders are provisional, interim,
temporary as compare to final. It does not finally determine
cause of action but only decides some intervening matter
pertaining to the cause.
1.Arrest and attachment before judgment Order 38
2.Temporary injunctions and interlocutory orders Order 39
3.Appointment of receiver Order 40 - Appointment of commissioner Order 26
- Written Statement (Order 8) :- The defendant is required to
fiie written statement of his defense at or before the first
hearing or such time as may be allowed
If defendant disputes maintainability of the suit or takes the plea
that the transaction is void it must be specifically stated. A
general denial of grounds alleged in the plaint is not sufficient
and denial has to be specific. The denial should not be an
evasive denial but it must be on point of substance. Every
allegation of fact in the plaint if not denied specifically or by
necessary implication or stated to be not admitted in the
pleading shall be deemed to be admitted. (ORDER 8 RULE 5
OF CPC)
Before amendment 2002 in C.P.C. there was no time limit to file
written statement by defendant. By amendment 2002 under
order 8 rule 1 of C.P.C. defendant has topresentwritten
statement within 90 days from the date of service of summons
on him. Under this rule discretion is given to court that if
defendant fails to file written statement within a period of 30
days he shall be allowed to file the same on such other day
which may be specified by the court but such period shall not
be later than 90 days from the date of service of summons.
By Amendment 1999 in rule 1-A of order 8 duty is casts upon
the defendant to produce documents on which he bases his
defense or other documents which are in his possession along
with a list.Such list of documents is he supplied with frie written
statement. - Production of Documents :- After filing written statement by
defendant the next stage of the suit is documents. On this
stage both parties have to file documents in court which are in
their possession or power. If parties relay on some documents which are not in their possession in that case they have to
apply to court for issue of summons to authority or persons in
whose possession these documents are. The parties have to
deposit in court cost of such production of documents. (Process
fees and bhatta). - Examination of parties (Order 10) :-Examination of parties is
an important stage after appearance. At first hearing of the suit
the court shall ascertain from each party or his pleader whether
he admits or denies such allegations of fact as are made in the
plaint or written statement. Such admissions and denials shall
be recorded. The examination may be an oral examination.
When a party, if the pleader of the party who appears, refuses
or is unable to answer any material question court may direct
the concerned party should remain present in the court. If the
party does not remain present court may pass such orders as
deemed fit (ORDER 10 OF CPC.) - Discovery and Inspection (Order 11) :- The purpose of
discovery and inspection of document and facts is to enable the
parties to ascertain the facts to be proved. With the leave of the
court the plaintiff or defendant may deliver interrogatories in
writing for examination of opposite parties which are required to
be answered and which are related to the matter. - Admission (Order 12) :- Either party may call upon the
other party to admit within seven days from the date of service
of the notice, any document saving all just exception. In case of
refusal or neglect to admit after such notice, the cost of proving
such document shall be paid by the party, so neglecting or
refusing whatever be the result of the suit may be, unless the
court otherwise directs and no cost of proving any such
document shall be allowed unless such notice is given, except
where the omission to give the notice is in the opinion of the court a saving of expenses. The above procedure is rarely
followed by the advocates of parties.
11.Framing of Issue (Order 14):- The next stage is framing
issues. The job of framing issues is exclusively assigned to a
judge. Issues are framed considering provisions of order 14
rule 1 of C.P.C.
Rule 1 sub rule (1) states, “Issues arise when a material
proposition of fact or law is affirmed by one party and denied by
the other.”
Sub rule (2) states, “Material propositions are those
propositions of law or fact which a plaintiff must allege in order
to show a right to sue or a defendant must allege in order to
constitute his defense,”
Sub rule (3) States “Each material proposition affirmed by one
party denied by other shall form subject of distinct issues.”
• Issues of fact
• Issues of law. - Summoning And Attendance Of Witnesses (Order 16) :-
On the date appointed by the court and not later than 15 days
after the date on which issues are settled parties shall present
in court a list of witnesses whom they propose to call either to
give evidence or to produce documents. - Hearing Of Suits And Examination Of Witnesses (Order 18)
:- The plaintiff is entitled to have first right to begin unless the
defendant admits the facts alleged by the plaintiff and contends
that either in point of law or on some additional facts alleged by
the defendant the plaintiff is not entitled to any part of relief. In
such case defendant has the right to begin.
The plaintiff has to state his case in front of the judge. The
plaintiff has to submit the evidence that was earlier marked. If
any evidence was not marked earlier then it will not be
considered by the court. Then the plaintiff will be
cross-examined by the defendant’s Advocate. The witnesses
from plaintiff’s side also have to appear in the court, who are
also cross-examined by the defendant’s lawyer.
The defendant also presents his side of the story supported by
his witnesses and evidence from his side. The evidence needs
to be be marked earlier by the court, otherwise it will not be
considered by the court. The plaintiff’s lawyer will then
cross-examine the defendant. - Argument :- As soon as evidence of both side is over then
the suit is kept for argument. Once the evidence has been
submitted and cross-examination is conducted by the plaintiff
and defendant, both sides are allowed to present a summary of
their case and evidence to the judge in the Final argument
session. - Judgment (Order 20) :-Judgment means the statement
given by the judge on ground of which a decree is passed.
The court after the case has been heard shall pronounce
judgment in open court either within one month of completion of
arguments or as soon thereafter as may be practicable, and
when the judgment is to be pronounced judge shall fix a day in
advance for that purpose. - Preparation of Decree (Order 20 rule 6, 6A) :- Once the
judgment is delivered by a judge a decree is to be prepared by
concerned clerk.
The decree shall agree with the judgment; it shall contain the
number of the suit, the names and descriptions of the parties,
their registered addresses, and particulars of the claim, and
shall specify clearly the relief granted or other determination of
the suit. - Appeal, Review, Revision :-
A. Appeal :- An appeal may be an appeal from order or an
appeal from decree. All orders are not appealable and
complete discretion of the appealable order has been given in
order 43 of the code of Civil Procedure Code. The appeal has
to be preferred within prescribed limitation period before the
appellate court. The limitation period for appeal to High Court is
90 days and appeal to District Court is 30 days. If the period of
limitation is expired, then application for condonation of delay
also is required to be moved.
B.Review :- The right of review is having very limited scope
under the Civil Procedure Code
A review application is maintainable only when the following
conditions are satisfied, - If involves a decree or order from which no appeal is allowed
or if allowed it is not preferred. - The appellant was aggrieved, on the ground, that because of
the discovery
of a new and important matter of evidence, which, after the
exercise of due diligence, was not within his knowledge or
could not be produced by him at the time of decree or on
account of some mistake, apparently on the face of the record,
or for any sufficient reason, desires to obtain a review of such decree. The other side will be granted an opportunity to be
heard, when any review application has been granted.
R0
C. Revision :- The High Court in its revision jurisdiction can
interfere in any case decided by subordinate court under
certain circumstances.
The High Court may call for the record of any case which has
been decided
by subordinate court and in which no appeal lies, if such
subordinate court appears – - To have exercised, a jurisdiction not vested in it by law, or
- To have failed to exercise a jurisdiction so vested, or
- To have acted in exercise of its jurisdiction illegally; or with
material
irregularity. - Execution of Decree (Order 21) :- Execution is the medium
by which a decree- holder compels the judgment-debtor to
carry out the mandate of the decree or order as the case may
be. It enables the decree-holder to recover the fruits of the
judgment. The execution is complete when the
judgment-creditor or decree-holder gets money or other thing
awarded to him by judgment, decree or order..